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Using a Carriage Service for Sexual Activity With a Person Under 16 – Aggravated Offence

Using a carriage service for sexual activity with a person under 16 – aggravated offence is a crime under section 474.25B of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 30 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You committed an offence of:
  • 25A(1) – engaging in sexual activity using a carriage service, or
  • 25A(2) – causing a child to engage in sexual activity with another person, and
  1. One or more of the following apply:
  • The child had a mental impairment
  • You were in a position of trust or authority in relation to the child, or the child was otherwise under your care, supervision or authority, or
  • The child was subjected to cruel, inhuman or degrading treatment in connection with the sexual activity.

Duress is a defence to the charge.

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